State of Oregon Settles $4 Million Deceptive Marketing Claims Involving DePuy’s Metal-on-Metal Hip Implants
The Oregonian Newspaper reports that DePuy Orthopaedics Inc. has settled claims with the Oregon Department of Justice (DOJ) involving their metal-on-metal artificial hips over allegations that the manufacturer knowingly marketed the hips that were prone to failure.
The devices were designed to accommodate younger hip replacement patients by providing more flexibility and range of motion than existing hip replacement devices, but the devices have been known to deteriorate, leaving behind metal debris and causing increased failure rates, metallosis, infection, dislocation, and immobility. These problems have required patients to receive follow-up surgeries in certain instances.
The settlement involved only Oregon and it was the first government lawsuit over the hips. By the terms of the settlement, DePuy admits to no wrongdoing, but also agrees “to not engage in deceptive marketing again.” The Oregon DOJ obtained an average of $10,000 per hip sold in Oregon. The number of metal-on-metal hips sold in Oregon totaled approximately 432. Other state governments are starting to investigate the matter, along with the U.S. Department of Justice.
The choice of a lawyer is an important decision and should not be based solely on advertisements. The cases discussed do not predict outcomes in future cases. Past results afford no guarantee of future results and every case is different and must be judged on its own merits.